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WASHBURN v. EHMKE

144 A.D.2d 966 (1988)

Richard L. Washburn et al., as Executors of Leland E. Washburn, Deceased, Respondents-Appellants, v. Marshall G. Ehmke, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1988

Order affirmed with costs.

Boomer, J. (dissenting).

In view of the testimony of the physicians and the medical attendants who saw decedent after the accident, the jury award of $2,500 for pain and suffering was not unreasonable. The physician who saw decedent at the scene of the accident stated that decedent was unconscious, and from that and other testimony the jury could infer that decedent was rendered unconscious immediately after he fell...

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